Don't Know Where to Begin! (Or where to post this)

[SamB1984 0]

Hello VisaJourney and it's Members,

My name is Sam and I didn't know where to post, so I decided here will hopefully work! My boyfriend currently resides in Brazil and I am an American citizen. We have been contemplating the idea of getting married so that he can become a US citizen as well, and live here in the States with me. I was just curious as to what the easiest way to go about this would be? Would it be easier if he traveled here, say on a Visa and then we got married in California? Or would it be easier if I traveled to Brazil and we marry there? What would the waiting period/s be?

I don't even own a Visa (yet) and am completely over-whelmed... I am 29, but have never traveled outside of the US, so you can imagine how this is a cluster of a situation for me, haha.

Any help, suggestions, pointers and/or guidance is greatly appreciated!

-Sam

[canadian_wife 1,822]

Welcome Sam!

http://www.visajourney.com/content/compare

Read the link above. You're either going to be looking at a K-1 visa or a spousal visa (assuming you have met in person already right...that is required).

To help clarify, even if he comes to the US with a valid immigrant visa, he is a long way from citizenship. He'd need to acquire and maintain his permanent residency first for 3 years before applying for citizenship (and all the steps in between)

Also, he cannot come to the US as a tourist and just stay. You're looking for a visa path so start with the link above and then go to the guides and start researching the best visa for you.

good luck

[SamB1984 0]

Canadian_Wife,

Thanks so much. I will check it out. If I have any questions, may I reach out to you for help? And yes, we have already met in person. More than met! =)

[canadian_wife 1,822]

Oh wow, ok - glad you've 'more than met' I wasn't really asking but thanks!

Anyway, yes feel free to reach out, always happy to help

good luck

[SamB1984 0]

...what I meant by that was that yes we have met (obviously) and by 'more than met' I mean we are in love. I wouldn't be here, asking otherwise.

[canadian_wife 1,822]

Excellent, I am glad you found love. I hope we can help, reach out anytime

[NikLR 13,227]

*** moved from moving here and your new life in the USA to general immigration discussion as OP is asking about visa paths ***

[d3adc0d3 186]

Hi SamB.

If your foreign fiance(e) enters the U.S.A. on a tourist visa with the intent to immigrate that is visa fraud and they can ban him/her from ever entering the U.S.A. again.

There are two types of visas which apply to your situation. The K1 Fiance/Fiancee visa, and the CR-1 spousal visa.

The K-1 visa petition is typically processed in 5-8 months, depending on service center and processing times. This is typically the fastest way to immigrate your intended to the U.S.A.

The CR-1 visa can take anywhere from 5 months to years, depending on the circumstances.

The K-1 visa process tends to go like this:

• Apply for K1 visa (petition)
• Get response of its acceptance in about 2 weeks (Notice of Action 1 aka NoA1)
• Wait 5+ months
• Get response of Request For Evidence (RFE), or acceptance/denial (NoA2).
• If approved, your case is forwarded to National Visa Center (NVC) for review and processing (usually takes about 2 weeks if there are no issues -- NOTE: there's a recent delay, now they're saying up to 8 weeks, but this may only be related to TSC transfers)
• Case forwarded to beneficiary's local embassy/consulate for interview scheduling (if NVC finds no issues)
• Packet sent from embassy/consulate to beneficiary, this often contains a list of documents that you'll need to bring with you for the interview and instructions/payment options/etc. The interview is typically scheduled between 4-8 weeks from when the packet was sent to the beneficiary.
• Interview -- this is where you get your visa approved/denied/request for more paperwork/etc.
• Visa received -- this can either be handed to you at the consulate/embassy (not often), mailed to you via courier, or in some countries picked up at your consulate/embassy.
• Immigrate to the US.

From the timelines I've seen for people who've gone through the process it typically takes 8 months to a year from the point of acceptance for your I-129F to your Date of Entry on the K1 visa.

Once you enter on your K1 visa you will have to marry within 90 days of your beneficiary's date of entry on the K1 visa, and you'll need to file for an Adjustment of Status (AoS), this can be done at any time after your marriage, however your spouse will not be able to work or travel outside of the US until you adjust his/her status. If you are granted his/her AoS prior to being married for 2 years, he/she will need to apply for a Removal of Conditions (RoC) in 5 years, as he/she will be granted a "Conditional Green Card" (CGC). If you're granted his/her AoS after the 2 years of marriage this will not be an issue.

I don't know enough about the CR-1 process to help you there.

Good Luck!

Edited July 12, 2013 by d3adc0d3

[SamB1984 0]

Thank you for the opening precaution (that would be absolutely TERRIBLE), and the information! I will talk to him about this right now. Thank you, thank you!

Sam

[d3adc0d3 186]

I also want to note that for the K1 Visa you must meet the following requirements:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition.

You must prove that you've met. Passport stamps, boarding passes, timestamped photos of you two together in the period between your visit, rental agreements/hotel arrangements with both your names on it, affidavits from your parents, etc.

Good luck.

[Azure30 22]

..

Edited July 21, 2013 by Azure30

[TBoneTX 45,308]

*** Thread moved from General Immigration Discussion to new "What Visa Do I Need?" forum. ***

[jujuz 0]

Hello,

I am new to the website and have no idea if someone is able to help...

I am from Estonia and have been dating an American Citizen for couple of years now. We have met in London whilst he was there for a 2 year assignment then carried on dating when he returned here in Sep (both of us were flying back and fourth for several months). He has proposed in US recently and we are getting married in a week.

I entered on visa waiver programme with no intention to get married (I have been frequently visiting states over last few years).

After we are married I am planning to submit the pack of documents for Adjustment of Status and I have few questions:

1. I believe that I need to file under my future husbands name (as I am intending to take it after we are married) even though all my supporting documents are under my maiden name. Is that correct?

2. As 2 G-325A forms have to be filed for me and him; only one fee should be payable together with my I-485? He does not need to include the separate check for his. Is that right?

3. I prepared cover letter to include all the documents I am planning to include in the pack. Can someone tell me if I am missing anything?

Form I-130: Petition for Alien Relative

Form I-864: Affidavit of Support

Form I-485: Application to Adjust Status

Form I-765: Application for Employment Authorization

Form G-1145

1. Form I-130 with following attachments:

• Bank check payable to U.S. Citizenship and Immigration Services: $420

• Copy of USC Sponsor Birth Certificate

• Copy of Biographic Data Page of Passport

• Copy of Marriage Certificate

• Copy of Divorce Certificate

• 1 passport-style photo of each of you with printed name at the back

• Form G-325 of USC sponsor

• Copy of Form G-325 of Alien Spouse

• Evidence of Marriage/Relationship

2. Form I-864, Affidavit of Support with following evidence:

• Current year Tax Returns of Sponsor

3. Form I-485 of Alien Spouse with attachments:

• Bank check payable to U.S. Citizenship and Immigration Services: $1,070

• Copy of Birth Certificate

• Proof of Immigration Status:

· Biographic data page of passport

· Photocopy of Arrival-Departure Record from last entry from alien spouses passport

· Copy of ESTA registration

• 2 passport-style photos of alien spouse with printed name at the back

• Form G-325 of Alien Spouse

• Form I-693 Medical Exam Report

· Sealed envelope of vaccination confirmation

4. Form I-765, Application for Employment Authorization:

• Copy of Birth Certificate

• Copy of Biographic Data Page of Passport

• Photocopy of Arrival-Departure Record from last entry from alien spouses passport

• Copy of ESTA registration

• 2 Passport-style photos of alien spouse with printed name at the back

5. Form G-1145

I would really appreciate if someone could help me as I am completely smitten with the amount of paperwork that is needed.

Thank you,

Julia